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The Unconstitutionality of Summary Judgment: A Status Report


Suja A. Thomas


University of Illinois College of Law


Iowa Law Review, Vol. 93, No. 5, 2008

Abstract:     
Summary judgment is unconstitutional. This symposium article summarizes this thesis, which was first set forth in Why Summary Judgment Is Unconstitutional published by the Virginia Law Review. This article also describes the attention that the thesis has begun to receive in the federal courts and in media.

Number of Pages in PDF File: 11

Keywords: summary judgment, Seventh Amendment, jury, trial, civil procedure, Fidelity & Deposit Company, judgment as a matter of law, judgment notwithstanding the verdict, directed verdict, common law, originalism, demurrer to the evidence, Celotex, Anderson, Liberty Lobby, Parklane, Redman, Galloway, Slocum

JEL Classification: J7, K40, K41

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Date posted: April 9, 2008 ; Last revised: September 30, 2008

Suggested Citation

Thomas, Suja A., The Unconstitutionality of Summary Judgment: A Status Report. Iowa Law Review, Vol. 93, No. 5, 2008. Available at SSRN: http://ssrn.com/abstract=1117629

Contact Information

Suja A. Thomas (Contact Author)
University of Illinois College of Law ( email )
504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

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